West Bengal Act VI of 2023

APRIL 10, 2023 

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette,Extraordinary, of the 10th April, 2023.]

An Act to amend the West Bengal Maintenance of Public Order Act, 1972.

WHEREAS it is expedient to amend the West Bengal Maintenance of Public OrderAct, 1972, for the purposes and in the manner hereinafter appearing;(West Ben. ActIX of 1972.)

It is hereby enacted in the Seventy-fourth Year of the Republic of India, by theLegislature of West Bengal, as follows:—

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1  Short title and commencement

(1) This Act may be called the West Bengal Maintenance of Public Order (Amendment) Act, 2023.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2  Amendment of section 2 of West Ben. Act IX of 1972

In clause (g) of section 2 of the West Bengal Maintenance of Public Order Act, 1972 (hereinafter to be referred as the principal Act), the following Explanations shall be added: "

Explanation I.— The offence by the commission of which the property is suspected to have been stolen shall be deemed to be a 'subversive act' for the purpose of this clause.

Explanation II.— The circumstances which create reasonable suspicion that the property has been acquired, possessed, received, derived, obtained by any person by commission of any offence or by unlawful means shall also be deemed to be a `subversive act' for the purpose of this clause.

Explanation III. — The word `property' includes any property or an asset of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets wherever located.".

3  Amendment of section 8

After clause (e) of sub-section (1) of section 8 of the principal Act, the following clauses shall be inserted:

"(f) any property entrusted to the State Government, a Local Authority, any Company, Corporation Body established by any Act, any Company owned or controlled by the State Government, and to any public servant;

(g) any property entrusted to any office where any duty in the discharge of which the State, the Public or the Community at large has an interest or any person who holds an office by virtue of which he is authorized or required to perform any public duty.".

4  Amendment of section 20

after sub-section (4) of section 20 of the principal Act, the following sub-sections shall be inserted:

"(5) The public servant duly authorized by the State Government in this behalf while submitting the report under sub-section (1) shall also forward a report to the State Government regarding details or value of the property, description of property derived or obtained by any person under this Act.

(6) The State Government after receipt of the information from the said public servant or otherwise, to the effect that the Jurisdictional Court or Magistrate having taken cognizance of the report submitted by the public servant under sub-section (5), if, after enquiry in the prescribed manner, has reason to believe (the reason for such belief to be recorded in writing), on the basis of material in its possession, that—

(a) any person is in possession of the property derived under sub-section (5); and

(b) such property or value of the such property

5  Insertion of new section after section 20

After section 20 of the principal Act, the following section shall be inserted:

"Order of attachment 20A. (1) The State Government shall, within 60 days from the date of the publication of the notification under section 20, shall make an application, supported by an affidavit stating the ground on which the State Government has issued the said notification before the Jurisdictional Court or Magistrate, as the case may be, seeking the ad-interim order of attachment absolute or any such further order or orders which the said Jurisdictional Court or Magistrate shall deem fit and for proper custody of such property in the interest of justice.

(2) Upon receipt of such application the Jurisdictional Court or Magistrate, as the case may be, shall summon the person, whose property has been attached, to submit written objection, if any, as to why the order of attachment should not be made absolute and the property so attached be sold in public auction for realizatio